THE  PURE  FOOD 

AND 

"EIGHT  AND  MEASURE 
LAWS 

OF  THE 

STATE  OF  IOWA 

Effective  July  4,  1911 


W.  B.  BARNEY 

Dairy  and  Food  Commissioner 
DES  MOINES,  IOWA 

July  1,  1911 


PUBLICATION  AUTHORIZED  BY 
EXECUTIVE  COUNCIL 


DES  MOINES: 

EMORY  H.  ENGLISH,  STATE  PRINTER 
1911 


PURE  FOOD  LAW 


Section  4999-al5.  State  dairy  and  food  com-, 
missioner — duties — seal — assistants  —  compenl 
sation  and  expenses. — The  State  Dairy  and  Foot. 
Commissioner  shall  be  charged  with  the  duty  o! : 
carrying  into  effect  the  provisions  of  this  act: 
and  shall  have  an  official  seal.  He  may,  witt  i 
the  approval  of  the  Executive  Council,  appoin  : 
such  assistants  as  he  may  deem  necessary,  wh<  i 
may  exercise  the  powers  now  provided  by  la"v T 
in  the  case  of  milk  inspectors  together  witl  l 
those  conferred  by  this  act,  and  they  shall  per¬ 
form  such  duties  as  may  be  assigned  to  thein 
by  the  State  Dairy  and  Food  Commissionejr. 
They  shall  be  paid  a  salary  of  not  to  exceejd 
sixteen  hundred  dollars  ($1600)  per  annum, 
said  salary  to  be  paid  in  the  same  manner  as 
the  salaries  of  other  state  officers  and  they  shall 
be  allowed  the  expenses  necessarily  incurred  by 
them  in  the  discharge  of  their  duties. 

Their  accounts  shall  be  itemized  and  sworn 
to,  and  when  approved  by  the  Commissiom  >r 
and  the  Executive  Council,  shall  be  paid  t  »y 
warrant  of  the  Auditor  upon  the  Treasurer  o;  it 
of  a  sum  hereinafter  appropriated  for  carrying 
out  the  provisions  of  this  act. 

Sec.  4999-al8.  Rules  and  regulations. — T1  ie 
Commissioner,  shall  with  the  approval  of  the  Ex»- 
ecutive  Council  make  all  necessary  rules  and  regj- 
ulations  for  carrying  out  the  provisions  of  thijs 
act,  under  which  the  Commissioner  shall  procur 
from  time  to  time  or  whenever  he  has  occasioi 
to  believe  any  of  its  provisions  are  being  vio 
lated  or  cause  to  be  procured  for  examinatioi 
chemically,  microscopically  or  otherwise,  sam 
pies  of  food  shipped  into  this  state  or  offeret 
for  sale  in  this  state.  The  chemist  making  th 
examination  shall  certify  the  results  of  his  worl 
to  the  Commissioner. 

Sec.  4999-al9.  County  attorney— duties. — 
If  it  shall  appear  from  any  such  examinatioi 


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that  any  of  the  provisions  of  this  act  have  been 
violated,  the  Commissioner  shall  at  once  certify 
the  facts  to  the  proper  county  attorney,  with  a 
copy  of  the  results  of  the  analysis  duly  authenti¬ 
cated  by  the  analyst  under  oath.  It  shall  be  the 
duty  of  every  county  attorney  to  whom  the  Com¬ 
missioner  or  his  assistants  shall  report  any  vio¬ 
lation  of  this  act,  to  cause  proceedings  to  be 
commenced  and  prosecuted  without  delay  for 
the  fines  and  penalties  in  such  case  provided. 
An  attorney  may  be  appointed  by  the  Governor 
when  he  deems  advisable  to  prosecute  such 
cases,  but  in  no  case  except  where  the  county 
attorney  has  first  refused  to  act. 


(A 


rf) 


Sec.  4999-a20.  Manufacture  and  sale  of  adul¬ 
terated  or  misbranded  foods  prohibited. — No 
person,  firm  or  corporation,  by  himself,  officer, 
servant  or  agent,  or  as  the  officer,  servant  or 
agent  of  any  other  person,  firm  or  corporation 
shall  manufacture  or  introduce  into  the  state 
v  or  solicit  or  take  orders  for  delivery,  or  sell, 
-7  exchange,  deliver  or  have  in  his  possession  with 
the  intent  to  sell,  exchange  or  expose  or  offer  for 
sale  or  exchange,  any  article  of  food  which  is 
adulterated  or  misbranded,  within  the  meaning 
ir'ot  this  act.  Provided  that  none  of  the  penalties 
set  forth  in  this  act  shall  be  imposed  upon  any 
common  carrier  for  introducing  into  the  state, 
or  having  in  its  possession,  any  adulterated  or 
misbranded  articles  of  food,  where  the  same 
were  received  by  said  carrier  for  transportation 
^^jpthe  ordinary  course  of  its  business  and  . with¬ 
out  actual  knowledge  of  the  adulteration  or 
misbranding  thereof.  Provided,  that  any  manu- 
£  facturer,  wholesaler  or  jobber  may  keep  goods 
Q  specifically  set  apart  in  his  stock  for  sale  in  other 
states,  which  might  otherwise  be  in  violation  of 
the  provisions  of  this  act. 


Sec.  4999-a21.  Terms  defined. — The  word 
q  ‘‘Commissioner,”  whenever  used  in  this  act,  shall 
cVfie  taken  to  mean  the  State  Dairy  and  Food 
-  Commissioner.  The  word  “food,”  as  used  herein, 
shall  include  all  articles  used  for  food,  drink, 
V  confectionery  or  condiment,  by  man  or  domestic 
b*  animals,  whether  simple,  blended,  mixed  or 
f\  compound.  The  term  “misbranded,”  as  used 
herein,  shall  apply  to  all  articles  of  food,  or 
«  articles  which  enter  into  the  composition  of 
food,  the  package  or  label  of  which  shall  bear 
any  statement,  design,  or  device  regarding  such 


3 


p  37126 


article,  or  the  ingredients  or  substances  con¬ 
tained  therein  which  shall  be  false  or  misleading 
in  any  particular,  and  to  any  food  product  which 
is  falsely  branded  as  to  the  state,  territory  or 
country  in  which  it  is  manufactured  or  pro¬ 
duced,  or  if  in  package  form,  which  bears  any 
statement  of  the  weight  or  measure  unless  the 
same  be  a  correct  statement  of  the  net  weight 
or  measure  of  the  contents. 

Misbranding  defined.  For  the  purpose  of  this 
act  an  article  of  food  shall  be  deemed  to  be 
“misbranded:  ” 

First.  If  it  be  offered  for  sale  under  the  spe¬ 
cific  name  of  another  article. 

Second.  If  it  be  labeled  or  branded  so  as  to 
deceive  or  mislead  the  purchaser,  or  purport  to 
be  a  foreign  product  when  not  so. 

Third.  Baking  powders  if  each  can  or  pack¬ 
age  is  not  plainly  labeled  so  as  to  show  the  name 
of  each  and  every  ingredient  contained  therein. 

Fourth.  In  the  case  of  articles  labeled, 
branded,  or  tagged  so  as  to  plainly  indicate  that 
they  are  mixtures,  compounds,  combinations,  im¬ 
itations  or  blends,  and  the  word  “mixture,” 
“compound,”  “combination,”  “imitation”  or 
“blend,”  as  the  case  may  be  is  plainly  stated 
on  the  package  in  which  it  is  offered  for  sale, 
unless  the  name  of  each  ingredient  shall  appear 
on  the  main  label,  in  continuous  list  with  no 
intervening  matter  of  any  kind,  immediately 
following  the  phrase,  “Mixture  of,”  “Compound 
of,”  “Combination  of,”  “Blend  of,”  as  the  case 
may  be,  such  names  of  ingredients  to  appear 
in  the  order  in  which  they  are  present  in  quan¬ 
tity  in  said  article  of  food,  beginning  with  the 
ingredient  present  in  the  greater  proportion. 
All  letters  used  in  naming  the  ingredients  shall 
be  of  the  same  size,  style,  and'  color  as  the 
letters  used  in  the  phrase  “Mixture  of,”  “Com¬ 
pound  of,”  “Combination  of,”  or  “Blend  of”  and 
shall  appear  on  a  background  of  one  color.  La¬ 
bels  required  by  this  act  shall  be  distinctly 
printed  in  the  English  language  in  legible  type 
no  smaller  than  eight  point  heavy  gothic  caps. 
Such  label  shall  be  placed  upon  the  outside  of 
the  package  and  shall  contain  the  name  and 
place  of  business  of  the  manufacturer,  packer 
or  dealer.  The  term  “blend”  as  used  herein 
shall  be  construed  to  mean  a  mixture  of  like 
substances.  Provided,  that  nothing  in  this  act 


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shall  be  construed  as  requiring  or  compelling 
proprietors  or  manufacturers  of  proprietary- 
foods  which  contain  no  unwholesome  added  in¬ 
gredients  to  disclose  their  trade  formulas,  ex¬ 
cept  in  so  far  as  the  provisions  of  this  act  may 
require  to  secure  freedom  from  adulteration  or 
misbranding. 

Sec.  4999-a22.  Adulteration  defined.  —  For 
the  purpose  of  this  act,  an  article  of  food  shall 
be  deemed  to  be  adulterated: 

First.  If  any  substance  or  substances  has  or 
have  been  mixed  and  packed  with  it  so  as  to  re¬ 
duce  or  lower  or  injuriously  affect  its  quality, 
strength  or  purity. 

Second.  If  any  substance  or  substances  has 
or  have  been  substituted  wholly  or  in  part  for 
the  article. 

Third.  If  any  valuable  constituent  of  the  ar¬ 
ticle  has  been  wholly  or  in  part  abstracted. 

Fourth.  If  it  does  not  conform  to  the  stan¬ 
dards  established  by  law. 

Fifth.  If  it  be  mixed,  colored,  powdered, 
coated  or  stained  in  a  manner  whereby  damage 
or  inferiority  is  concealed. 

Sixth.  If  it  contains  any  added  poisonous 
ingredient,  or  any  ingredient  which  may  render 
such  article  injurious  to  health  or  if  it  contains 
saccharine  or  formaldehyde. 

Seventh.  If  it  consists  of  the  whole  or  any 
part  of  a  diseased,  filthy,  decomposed  or  putrid 
animal  or  vegetable  substance  or  any  portion 
of  an  animal  unfit  for  food,  whether  manufac¬ 
tured  or  not,  or  if  it'  is  the  product  of  a  diseased 
animal  or  one  that  has  died  otherwise  than  by 
slaughter. 

Eighth.  Candies  and  chocolates  if  they  con¬ 
tain  terra  alba,  barytes,  talc,  chrome  yellow,  or 
other  mineral  substances,  or  poisonous  colors  or 
flavors,  or  other  ingredients  deleterious  or  det¬ 
rimental  to  health. 

Ninth.  Vinegar  if  it  contain  any  added  col¬ 
oring  matter. 

Sec.  4999-a24.  Samples — Any  person  who 
manufactures  or  exposes  for  sale,  or  delivers  to  a 
purchaser  any  article  of  food,  shall  furnish, 
within  business  hours  and  upon  payment  and 
tender  of  the  selling  price  a  sample  of  such  food 
to  any  person  duly  authorized  by  the  Commis¬ 
sioner  to  receive  the  same  and  who  shall  apply 
to  such  vendor,  or  person  delivering  to  a  pur- 


5 


chaser,  such  article  of  food  for  such  sample 
for  such  use  in  sufficient  quantity  for  the  anal¬ 
ysis  of  any  such  article  or  articles  in  his  pos¬ 
session.  In  the  presence  of  such  person  and  an 
agent  of  the  Commissioner,  if  so  desired  by 
either  party,  said  sample  shall  be  divided  into 
three  parts,  and  each  part  shall  be  sealed  with 
the  seal  of  the  Commissioner.  One  part  shall 
be  left  with  the  dealer,  one  delivered  to  the 
Commissioner,  and  one  deposited  with  the  coun¬ 
ty  attorney  for  the  county  in  which  the  sample 
is  taken.  The  having  in  possession  by  any  per¬ 
son  who  manufactures  or  exposes  for  sale,  any 
adulterated  or  misbranded  food,  within  the 
meaning  of  this  act,  shall  be  prima  facie  evi¬ 
dence  of  having  in  possession  with  intent  to 
sell  in  violation  of  its  provisions. 

Sec.  4999-a25.  Penalty. — Any  person,  firm, 
corporation,  or  agent  thereof,  who  refuses  to 
comply,  on  demand,  with  any  of  the  require¬ 
ments  of  this  act  or  who  shall  violate  any  of 
its  provisions,  or  who  shall  obstruct  or  hinder 
the  Commissioner,  or  any  of  his  assistants,  in 
the  discharge  of  any  duty  imposed  by  this  act, 
shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  fine  not 
exceeding  one  hundred  dollars. 

Sec.  4999-a26.  Bulletins. — The  Commission¬ 
er  shall,  from  time  to  time,  with  the  approval  of 
the  Executive  Council,  issue  a  printed  bulletin, 
showing  the  results  of  inspections,  analyses,  and 
prosecutions  undertaken  under  this  act,  together 
with  such  general  information  as  may  be  deemed 
suitable.  Such  bulletins  shall  be  printed  in  such 
numbers  as  may  be  directed  by  the  Executive 
Council,  and  shall  be  issued  to  the  newspapers 
of  the  state  and  to  all  interested  persons. 

Sec.  4999-a27.  Appropriation. — For  the  pur¬ 
pose  of  enabling  the  Commissioner  to  enforce 
the  provisions  of  the  various  laws,  the  enforce¬ 
ment  of  which  is  vested  with  the  State  Dairy 
and  Food  Commissioner,  for  the  making  of  such 
analysis  for  other  state  departments  as  may  be 
authorized  by  the  Executive  Council,  for  neces¬ 
sary  traveling  and  miscellaneous  expenses  of 
assistants  and  experts  and  for  all  other  expenses 
herein  provided,  the  sum  of  twenty-one  thou¬ 
sand  ($21,000.00)  dollars  annually,  or  so  much 
thereof  as  may  be  necessary,  is  hereby  appro- 


G 


priated  from  the  treasury  not  otherwise  appro¬ 
priated. 

Sec.  4999-a29.  Notice — how  served  on  de¬ 
fendant  corporation. — Upon  the  prosecution  of 
corporation  for  violations  of  the  provisions  of 
this  act,  or  of  section  four  thousand  nine  hun¬ 
dred  and  eighty-nine  (4989)  of  the  Code,  and 
information  filed  before  a  justice  of  the  peace 
having  jurisdiction,  the  said  justice  of  the  peace 
shall  forthwith  issue  notice  to  the  corporation 
which  shall  substantially  notify  the  defendant 
of  the  charges  contained  in  the  information  and 
that  it  must  forthwith  appear  and  answer  the 
same,  which  notice  may  be  served  by  any  peace 
officer  in  any  county  of  the  state  or  any  officer 
or  agent  of  the  defendant  corporation  by  read¬ 
ing  the  same  to  him  and  leaving  with  him  a 
copy  thereof;  said  notice  shall  be  returned  to 
the  justice  of  the  peace  without  delay  with 
proper  return  of  its  service,  and  from  and  after 
two  days  from  the  time  of  making  such  service 
the  defendant  corporation  shall  be  considered 
to  be  in  court,  and  all  further  proceedings  shall 
be  the  same  as  against  an  individual  defend¬ 
ant. 

FLAVORING  EXTRACTS. 

Sec.  4999-a31.  For  the  purposes  of  this  act 
the  following  standards  are  hereby  established: 

1.  A  flavoring  extract  is  a  solution  in  ethyl 
alcohol  of  proper  strength  of  the  sapid  and  odor¬ 
ous  principles  derived  from  an  aromatic  plant, 
or  parts  of  the  plant,  with  or  without  its  color¬ 
ing  matter,  and  conforms  in  name  to  the  plant 
used  in  its  preparation. 

2.  Almond  extract  is  the  flavoring  extract 
prepared  from  oil  of  bitter  almonds,  free  from 
hydrocyanic  acid,  and  contains  not  less  than  one 
(1)  per  cent,  by  volume  of  oil  of  bitter  al¬ 
monds. 

3.  Anise  extract  is  the  flavoring  extract  pre¬ 
pared  from  oil  of  anise,  and  contains  not  less 
than  three  (3)  per  cent,  by  volume  of  oil  of 
anise. 

4.  Celery  seed  extract  is  the  flavoring  extract 
prepared  from  celery  seed  or  the  oil  of  celery 
seed,  or  both,  and  contains  not  less  than  three- 
tenths  (0.3)  per  cent,  by  volume  of  oil  of  celery 
seed. 

5.  Cassia  extract  is  the  flavoring  extract  pre¬ 
pared  from  oil  of  cassia  and  contains  not  less 


7 


than  two  (2)  per  cent,  by  volume  of  oil  of  cassia. 

6.  Cinnamon  extract  is  the  flavoring  extract 
prepared  from  oil  of  cinnamon,  and  contains  not 
less  than  two  (2j  per  cent,  by  volume  of  oil  of 
cinnamon. 

7.  Clove  extract  is  the  flavoring  extract  pre¬ 
pared  from  oil  of  cloves,  and  contains  not  less 
than  two  (2)  per  cent,  by  volume  of  oil  of 
cloves. 

8.  Ginger  extract  is  the  flavoring  extract  pre¬ 
pared  from  ginger  and  contains  in  each  one 
hundred  (100)  cubic  centimeters,  the  alcohol- 
soluble  matters  from  not  less  than  twenty  (20) 
grams  of  ginger. 

9.  Lemon  extract  is  the  flavoring  extract  pre¬ 
pared  from  oil  of  lemon,  or  from  lemon  peel, 
or  both,  and  contains  not  less  than  five  (5)  per 
cent,  by  volume  of  oil  of  lemon. 

10.  Terpeneless  extract  of  lemon  is  the  fla¬ 
voring  extract  prepared  by  shaking  oil  of  lemon 
with  dilute  alcohol,  or  by  dissolving  terpeneless 
oil  of  lemon  in  dilute  alcohol,  and  contains  not 
less  than  two-tenths  (0.2)  per  cent,  by  weight 
of  citral  derived  from  oil  of  lemon. 

11.  Nutmeg  extract  is  the  flavoring  extract 
prepared  from  oil  of  nutmeg  and  contains  not 
less  than  two  (2)  per  cent,  by  volume  of  oil  of 
nutmeg. 

12.  Orange  extract  is  the  flavoring  extract 
prepared  from  oil  of  orange,  or  from  orange 
peel,  or  both,  and  contains  not  less  than  five 
(5)  per  cent,  by  volume  of  oil  of  orange. 

13.  Terpeneless  extract  of  orange  is  the  fla¬ 
voring  extract  prepared  by  shaking  oil  of  orange 
with  dilute  alcohol,  or  by  dissolving  terpeneless 
oil  of  orange  in  dilute  alcohol,  and  corresponds 
in  flavoring  strength  to  orange  extract. 

14.  Peppermint  extract  is  the  flavoring  ex¬ 
tract  prepared  from  oil  of  peppermint,  or  from 
peppermint,  or  both,  and  contains  not  less  than 
three  (3)  per  cent,  by  volume  of  oil  of  pepper¬ 
mint. 

15.  Rose  extract  is  the  flavoring  extract  pre¬ 
pared  from  otto  of  roses,  with  or  without  red 
rose  petals,  and  contains  not  less  than  four- 
tenths  (0.4)  per  cent,  by  yolume  of  otto  of  roses. 

16.  Savory  extract  is  the  flavoring  extract 
prepared  from  oil  of  savory,  or  from  savory,  or 
both,  and  contains  not  less  than  thirty-five  hun- 


8 


dredths  (0.35)  per  cent,  by  volume  of  oil  of 
savory. 

17.  Spearmint  extract  is  the  flavoring  extract 
prepared  from  oil  of  spearmint,  or  from  spear¬ 
mint,  or  both,  and  contains  not  less  than  three 
(3)  per  cent,  by  volume  of  oil  of  spearmint. 

18.  Star  anise  extract  is  the  flavoring  ex- 
prepared  from  oil  of  star  anise,  and  contains  not 
less  than  three  (3)  per  cent,  by  volume  of  oil 
of  star  anise. 

19.  Sweet  basil  extract  is  the  flavoring  ex¬ 
tract  prepared  from  oil  of  sweet  basil,  or  from 
sweet  basil,  or  both,  and  contains  not  less  than 
one-tenth  (0.1)  per  cent,  by  volume  of  oil  of 
sweet  basil. 

20.  Sweet  marjoram  extract,  marjoram  ex¬ 
tract,  is  the  flavoring  extract  prepared  from  the 
oil  of  marjoram  or  from  marjoram,  or  both, 
and  contains  not  less  than  one  (1)  per  cent,  by 
volume  of  oil  of  marjoram. 

21.  Thyme  extract  is  the  flavoring  extract 
prepared  from  oil  of  thyme,  or  from  thyme,  or 
both,  and  contains  not  less  than  two-tenths  (0.2) 
per  cent,  by  volume  of  oil  of  thyme. 

22.  Tonka  extract  is  the  flavoring  extract 
prepared  from  tonka  bean,  with  or  without  su¬ 
gar  or  glycerin,  and  contains  not  less  than  one- 
tenth  (0.1)  per  cent,  by  weight  of  coumarin 
extracted  from  the  tonka  bean,  together  with  a 
corresponding  proportion  of  the  other  soluble 
matters  thereof. 

23.  Vanilla  extract  is  the  flavoring  extract 
prepared  from  vanilla  bean,  with  or  without 
sugar  or  glycerin,  and  contains  in  one  hundred 
(100)  cubic  centimeters  the  soluble  matters 
from  not  less  than  ten  (10)  grams  of  the  va¬ 
nilla  bean,  and  contains  not  less  than  thirty  (30) 
per  cent,  by  volume  of  absolute  ethyl  alcohol. 

24.  Wintergreen  extract  is  the  flavoring  ex¬ 
tract  prepared  from  oil  of  wintergreen,  and  con¬ 
tains  not  less  than  three  (3)  per  cent,  by  volume 
of  oil  of  wintergreen. 

VINEGAR. 

1.  Vinegar,  cider  vinegar,  apple  vinegar,  is 
the  product  made  by  the  alcoholic  and  subse¬ 
quent  acetous  fermentations  of  the  juice  of  ap¬ 
ples,  is  laevo-rotatory,  and  contains  not  less  than 
four  (4)  grams  of  acetic  acid,  not  less  than  one 


9 


and  six-tenths  (1.6)  grams  of  apple  solids,  of 
which  not  more  than  fifty  (50)  per  cent  are  re¬ 
ducing  sugars,  and  not  less  than  twenty-five 
hundreds  (0.25)  gram  of  apple  ash  in  one  hun¬ 
dred  (100)  cubic  centimeters  (20°C.);  and  the 
water-soluble  ash  from  one  hundred  (100)  cubic 
centimeters  (2  0°C.)  of  the  vinegar  contains  not 
less  than  ten  (10)  milligrams  of  phosphoric  acid 
(P205)  and  requires  not  less  than  thirty  (30) 
cubic  centimeters  of  decinormal  acid  to  neu¬ 
tralize  its  alkalinity. 

2.  Wine  vinegar,  grape  vinegar,  is  the  pro¬ 
duct  made  by  the  alcoholic  and  subsequent  acet¬ 
ous  fermentations  of  the  juice  of  grapes  and 
contains  in  one  hundred  cubic  centimeters  (20 
degrees  C),  not  less  than  four  (4)  grams  of 
acetic  acid,  not  less  than  one  (1.0)  gram  of 
grape  solids,  and  not  less  than  thirteen  hun¬ 
dredths  (0.13)  gram  of  grape  ash. 

3.  Malt  vinegar  is  the  product  made  by  the 
alcoholic  and  subsequent  acetous  fermentations 
without  distillation,  of  an  infusion  of  barley 
malt  or  cereals  whose  starch  has  been  converted 
by  malt,  is  dextro-rotary,  and  contains,  in  one 
hundred  (100)  cubic  centimeters  (20  degrees 
C),  not  less  than  four  (4)  grams  of  acetic  acid, 
not  less  than  two  (2)  grams  of  solids,  and  not 
less  than  two-tenths  (0.2)  gram  of  ash;  and  the 
water-soluble  ash  from  one  hundred  (100)  cu¬ 
bic  centimeters  (20  degrees  C)  of  the  vinegar 
contains  not  less  than  nine  (9)  milligrams  of 
phosphoric  acid  (P205),  and  requires  not  less 
than  four  (4)  cubic  centimeters  of  decinormal 
acid  to  neutralize  its  alkalinity. 

4.  Sugar  Vinegar  is  the  product  made  by  the 
alcoholic  and  subsequent  acetous  fermentations 
of  solutions  of  sugar,  sirup,  molasses,  or  re¬ 
finers  sirup,  and  contains  in  one  hundred  (100) 
cubic  centimeters  (20  degrees  C),  not  less  than 
four  (4)  grams  of  acetic  acid. 

5.  Glucose  vinegar  is  the  product  made  by 
the  alcoholic  and  subsequent  acetous  fermenta¬ 
tions  of  solutions  of  starch  sugar  or  glucose,  is 
dextro-rotatory,  and  contains  in  one  hundred 
(100)  cubic  centimeters  (20  degrees  C),  not 
less  than  four  (4)  grams  of  acetic  acid. 

6.  Spirit  vinegar,  distilled  vinegar,  grain  vin¬ 
egar,  is  the  product  made  by  the  acetous  fer¬ 
mentations  of  dilute  distilled  alcohol,  and  con- 


10 


tains  in  one  hundred  (100)  cubic  centimeters 
(20  degrees  C),  not  less  than  four  (4)  grams  of 
acetic  acid. 

BUTTER. 

1.  Butter  shall  contain  not  less  than  eighty 
(80)  per  cent  by  weight  of  butterfat. 

OYSTERS. 

“Oysters  shall  not  contain  ice,  nor  more  than 
sixteen  and  two-thirds  (16  2-3)  per  cent  by 
weight  of  free  liquid.”  (Chap.  221  L.  33  G.  A.) 

ICE-CREAM. 

1.  Ice  cream  is  the  frozen  product  made 
from  pure  wholesome  sweet  cream,  and  sugar, 
with  or  without  flavoring,  and  if  desired,  the 
addition  of  not  to  exceed  one  per  cent.  (1%) 
by  weight  of  a  harmless  thickener,  and  contains 
not  less  than  twelve  per  cent.  (12%)  by  weight 
of  milk  fat,  and  the  acidity  shall  not  exceed 
three-tenths  (0.3)  of  one  per  cent.  (1%). 

2.  Fruit  ice  cream  is  the  frozen  product 
made  from  pure  wholesome  sweet  cream,  sugar, 
and  sound,  clean,  mature  fruits,  and,  if  desired, 
the  addition  of  not  to  exceed  one  per  cent. 
(1%)  by  weight  of  a  harmless  thickener,  and 
contains  not  less  than  ten  per  cent.  (10%)  by 
weight  of  milk  fat. 

3.  Nut  ice  cream  is  the  frozen  product  made 
from  pure  wholesome  sweet  cream,  sugar,  and 
sound,  non-rancid  nuts,  and,  if  desired,  the  ad¬ 
dition  of  not  to  exceed  one  per  cent.  (1%)  by 
weight  of  harmless  thickener,  and  contains  not 
less  than  ten  per  cent.  (10%)  by  weight  of 
milk  fat. 

WEIGHT  AND  MEASURE  LAW. 

Section  1.  That  the  State  Dairy  and  Food 
Commissioner  and  his  assistants  are  each  here¬ 
by  empowered  and  it  is  hereby  made  their  duty, 
to  make  an  inspection  of  scales,  weights  and 
measures  wherever  the  same  are  kept  for  use  in 
connection  with  the  sale  of  merchandise  or  other 
commodities  sold  by  weight  or  measurement,  or 
where  the  price  to  be  paid  for  producing  or 
manufacturing  any  article  or  commodity  is  based 
upon  the  weight  or  measurement  thereof,  with¬ 
in  this  state,  and  he  is  hereby  authorized  and 
directed  to  procure  from  the  State  Superintend- 


11 


ent  of  Weights  and  Measures  such  standards  of 
weights  and  measures  as  may  be  necessary  to 
enable  him  and  his  assistants  to  perform  the 
duties  conferred  upon  them  by  this  act. 

Sec.  2.  Whenever  complaint  shall  be  made 
to  the  State  Dairy  and  Food  Commissioner  that 
any  false  or  incorrect  scales,  weights  or  meas¬ 
ures  are  being  made  use  of  by  any  person,  firm 
or  corporation  in  the  purchase  or  sale  of  mer¬ 
chandise  or  other  commodities  or  in  weighing 
any  article  or  commodity,  the  piece  price  paid 
for  producing  which  is  determined  by  weight 
or  measure,  it  shall  be  his  duty  to  cause  the 
same  to  be  inspected  as  soon  as  the  duties  of 
his  office  will  permit,  and  he  shall  make  such 
other  inspection  of  weights  and  measures  as  in 
his  judgment  is  necessary  or  proper  to  be  made. 

Sec.  3.  If  any  person  engaged  in  the  pur¬ 
chase  or  sale  of  merchandise  or  other  com¬ 
modities  by  weight  or  measurement  or  in  the 
employment  of  labor  where  the  price  thereof 
is  to  be  determined  by  weight  or  measurement 
of  the  articles  or  thing  upon  which  such  labor 
is  bestowed,  as  specified  in  section  one  (1)  of 
this  act,  be  found  having  in  his  place  of  busi¬ 
ness  any  scales,  weights,  measures  or  other  ap¬ 
paratus  for  determining  the  quantity  of  any 
commodity,  which  does  not  conform  to  the 
standards  of  weight  and  measurement  of  this 
state,  shall  be  guilty  of  a  misdemeanor  and  for 
the  first  offense  shall  be  fined  not  less  than 
ten  nor  more  than  one  hundred  dollars,  and 
for  each  subsequent  offense,  not  exceeding  five 
hundred  dollars,  or  imprisonment  in  the  county 
jail  not  exceeding  ninety  days. 

Sec.  4.  The  State  Dairy  and  Food  Commis¬ 
sioner  shall  pay  from  the  appropriations  for  his 
office,  any  and  all  expense  incurred  in  procur¬ 
ing  the  necessary  standards  from  the  State  Su¬ 
perintendent  of  Weights  and  Measures. 


12 


